Announcement

Collapse
No announcement yet.

divorce while AOS pending

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • divorce while AOS pending

    I am writing to ask a quick question about my situation in this country...I wonder if you could give me a few pieces of information...It woudl grateful for future reference if I decide I want to change things...

    I moved here four and a half years ago to get married to my american boyfriend..we did this in Atlanta GA and then filed the correct paperwork to apply for adjustment of status for permanent residency here..WE also have a little girl whos three who was born here..

    I was granted permission to work last year in March 2003 being given the employment card in MAY 2003...it has recently expired and I havent renewed because I am not working...I have also been given a SSN and a learners permit to drive.. My appilcation for adjustment of status (green card) is still pending.......I have not left the country sicne arriving in Jan 2000

    recently I have been having trouble with my marriage and I dont know if it is going to work out for me, but I really wanted to know if there was some way I could stay here without being married??? or if there is no way??......or do I have to wait for a green card to be given.?? Also I would like information regarding my daughter and her rights in England......If I could not stay here then I would need to know that she would be allowed to come with me back to England...

    There is verbal abuse in my marriage and I wanted to know any information I could be given about my rights here and what I could do if something bad happens..I think I know that I just cannot up and leave the country with my daughter....but there must be some kind of support out there.....thats a bit of back ground..

    my real question is this : ""how would a divorce affect the status of my pending application for permanent residency?"

    I would like to know if I did divorce whether or not I will be expected to leave or be able to stay, as I do not wnat to divorce if it means I am forced to elave the country and will have to leave my child here..Also it cant be considered fair if that is the case?

    well thanks for reading this I look forward to replies anxiously

  • #2
    I am writing to ask a quick question about my situation in this country...I wonder if you could give me a few pieces of information...It woudl grateful for future reference if I decide I want to change things...

    I moved here four and a half years ago to get married to my american boyfriend..we did this in Atlanta GA and then filed the correct paperwork to apply for adjustment of status for permanent residency here..WE also have a little girl whos three who was born here..

    I was granted permission to work last year in March 2003 being given the employment card in MAY 2003...it has recently expired and I havent renewed because I am not working...I have also been given a SSN and a learners permit to drive.. My appilcation for adjustment of status (green card) is still pending.......I have not left the country sicne arriving in Jan 2000

    recently I have been having trouble with my marriage and I dont know if it is going to work out for me, but I really wanted to know if there was some way I could stay here without being married??? or if there is no way??......or do I have to wait for a green card to be given.?? Also I would like information regarding my daughter and her rights in England......If I could not stay here then I would need to know that she would be allowed to come with me back to England...

    There is verbal abuse in my marriage and I wanted to know any information I could be given about my rights here and what I could do if something bad happens..I think I know that I just cannot up and leave the country with my daughter....but there must be some kind of support out there.....thats a bit of back ground..

    my real question is this : ""how would a divorce affect the status of my pending application for permanent residency?"

    I would like to know if I did divorce whether or not I will be expected to leave or be able to stay, as I do not wnat to divorce if it means I am forced to elave the country and will have to leave my child here..Also it cant be considered fair if that is the case?

    well thanks for reading this I look forward to replies anxiously

    Comment


    • #3
      Sorry but you have to leave now. Thank you. Bye bye.

      Comment


      • #4
        If you are divorced before your AOS adjudication your petition for permanent residency will be dead.

        IF there is abuse, but not only verbal abuse, you might be able to self-petition yourself [see form I-360 VAWA] Under the VAWA [Violence Against Women Act] you could self-petition yourself for permanent residency however you must meet the burden of proof of providing that you have been abused...I would consult with a qualified immigration experience that has gotten I-360's approved before.

        Also try marriage counseling, your marriage should be more important now, specially now that you have a daughter...of only 3 years old.

        Comment


        • #5
          Bye bye baby !

          Comment


          • #6
            well thank you to Aguila for being honest!!!

            to the other two people..theres no need to be rude!

            thansk for taking the time to reply..this is what I thought it would be, so I will look into that with an immigration lawyer....

            Comment


            • #7
              OK next question.....IF i do get divorced and leave the country..what are the chances of taking my daughter with me? is it only through full custody that I will be allowed? I dont really mind going back to england BUT I will not divorce if it means leaving my daughter here...

              Comment


              • #8
                Evenstar

                How long have u been married? Im sure it is more than 2 yrs now. What date did you apply for your papers? How close are you to getting your interview?

                Try very hard to work on the marriage as probably your interview is not that far away. Once you get interview, and approved you will have 10yrs green card.... Then you can get a divorce with no issues about staying. In an ideal world it would be best if you get your citizenship.. this would make you equal to your spouse.

                Comment


                • #9
                  Evening star,
                  When did you get married and when did you have your first interview for adjustment of status if you already had it?

                  The best thing to do now is to be patient until you have the green card in your hands. Not very far away from now, you will have the green card in your hands.

                  About living to go to the UK with your child, no one will stop you, as long as there is no custody dispute pertaining to the child or and you are the custodial parent.

                  I would strongly advice you to get citizenship before leaving this country because you never know whether you may want to return with your child for whatever reason one day in future, at which point you would have to wait for your child to turn 21 to apply for you the same green card you will be getting soon. Note that you can lose your green card if you are out of the US for over a certain period of time. But you cannot lose citizenship.

                  So, please be a little patient as you work on the marriage and soon enough you will be in the clear.

                  Comment


                  • #10
                    evenstar27,
                    I know somebody who went through the same situation with the exception there were no children involved, unfortunately, once the INS received a letter from the USC spouse regarding the marital status they sent a letter to the applicant with a denial of his application and they stated that the decision was final.

                    I guess the only option you have is to work on your marriage, at least until you get the conditional green card, if your spouse think about it, he will find that it is for his benefits that you and his child stay in the country, at least he will get the chance to see his child once in a while.

                    Good Luck.

                    Comment


                    • #11
                      evenstar27,
                      By the way do not pay attention to some prejudice posters who are full of anger, hatred, and bitterness.

                      Comment


                      • #12
                        "By the way do not pay attention to some prejudice posters who are full of anger, hatred, and bitterness."

                        -- I agree 100 % ! Very well put INStress. There is no room for anger, hatred and bitterness ! This board is about love and peace.

                        Comment


                        • #13
                          I also agree 100 % ! This board is about love and peace but fraudsters must get punishment !!

                          Comment


                          • #14
                            Michael,
                            No, actually this board is for the immigration issues, something that has nothing to do with your unhappy life.

                            This board is for people who try to establish a life, it's for people who like to light up candles not for people who like to curse the darkness.

                            Comment


                            • #15
                              Excellent point Booob ! Fraud is the opposite of love; since we are for love, we are opposed to fraud

                              Comment

                              Working...
                              X